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Florida Res Newbie

Florida Res   0

Posted
Filed: Lift. Cond. (pnd) Country: Bermuda
 Timeline
Posted

Good Day Folks,

I have a question for the group. Today an employee of mine came in this morning and showed me a letter where her pending I485 request was denied based on her Mom's request that was also denied. They filed an appeal already and have received the "receipt notice" saying the appeal has been filed (form I290B).

My question is the following:

She has an Employment Auth Card which expires in November 2012 however with the denial of her pending I-485 document does this also cancel her EAD document? This obviously is very important b/c if her card is cancelled she is no longer able to work legally in this country.

Any thoughts on this?

Just trying to avoid having some employed who is not legally able to work based on this new information.

Thoughts?

Inky Grand Master

Inky   1,111

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

If adjustment of status is denied then the EAD and AP are automatically canceled and no longer valid for working / traveling.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

ceadsearc Proficient

ceadsearc   516

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

Yep. She is no longer work authorized.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

Agree with the other responses. Once the AOS is denied her EAD and AP are cancelled. You might wanna try running her through E-verify again to check for sure.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

Florida Res Newbie

Florida Res   0

Posted
Filed: Lift. Cond. (pnd) Country: Bermuda
 Timeline
  • Author
Posted (edited)

Folks,

Thank you for your responses. Our company is not yet registered with E-Verify. That was my first thought initially.

Its just crazy b/c you as an employer would never know until you ask to reverify documents, etc. That's how I found out.

In fact the letter she showed me yesterday was dated back since the end of March. So basically she has been working here for 6+ weeks after her status had expired. And the only way I found out was to "it was that time of the year" to recheck docs, etc.

Terminated her yesterday. Very emotional time for her but I had no choice. Sad. Hopefully she wins her appeal.

I have got to imagine this happens quite often to others.

Not to mention I actually understand this whole process having gone through many different status's myself. B2, F1, OPT, H1-B, Family Based Temp Green Card, Perm Green Card.

The life of non-US Citizen :crying:

Edited by Florida Res
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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